SECTION 1: GENERAL INFORMATION

1.0 GENERAL INTRODUCTION

1.1 Mission Statement:
The mission of the West Virginia Purchasing Division is to provide valued
services to our customers by making sound and effective decisions in accordance
with state law.As a customer-driven
organization, we strive to exercise prudent and fair spending practices in
acquiring quality goods and services in a timely fashion at the lowest possible
price; to continually improve the services we offer to maximize the efficiency
of state government; and to provide leadership and guidance to our customers –
state agencies, vendors, legislators and the general public – while building
lasting business relationships.

1.2 Statutory Authorization: The Purchasing Division
was created and its duties are defined in the West Virginia
Code, §5A-3-1 et seq.
According to the Code, “the Purchasing Division was created for the purpose of
establishing centralized offices to provide purchasing, and
travel services to the various state agencies.” The Purchasing Division offers
many other services to state agencies, political subdivisions, and the vendor
community. These programs include, but are not limited to, Acquisition and
Contract Administration, Surplus Property Program, Travel Management, Purchase
Order Encumbrance and Inventory Management.

1.3 Regulatory
Authorization: The Purchasing Division functions in adherence to its
Code
of State Rules(148 CSR 1). This
Legislative Rule is included in this manual in Appendix Dand serves as an explanation and clarification of operative
procedures for the purchase of commodities and services by the Purchasing
Division. It applies to all spending units of state government, except those
statutorily exempted.

1.4 Required Use of Handbook: State procurement officers
and their support staffs are required to use this handbook to perform
procurement and other related activities.

1.5 Organization: The Purchasing Division is
organizationally structured under the West Virginia Department of
Administration. The sections within the division are detailed below:

1.6 Disclaimer: The Purchasing Division Procedures Handbook is provided for
reference purposes only. This handbook may be amended or changed at any time at
the discretion of the Purchasing Director to ensure compliance with the laws,
rules and procedures of the Purchasing Division and the State of West Virginia. Exceptions
to these guidelines require written requests to and approval by the Purchasing
Director.

1.7 Public Records: All records in the Purchasing Division related to purchase orders
and contracts are considered public records, although the timing of the release
of certain documents to the public does vary. Documents like the solicitation
and any addenda are released for public viewing as part of the bidding process
so those documents become public as soon as they are released.Similarly, bids may be viewed immediately after bid opening pursuant to
West Virginia Code § 5A-3-11(g).Other information relating to the evaluation and eventual award will not
be made public until after an award has been made.
An award is considered complete only if
the contract has been signed by the Purchasing Division, approved as to form by
the Attorney General’s Office, encumbered and placed in the U.S. mail. When
contract award information is released prior to a contract award, that
information may be incorrect, premature or erroneous and cause work to begin or
vendors to protest.

The Purchasing Division generally publishes copies of bid documents
and contract awards in an effort to comply with public disclosure requirements.It also makes all disclosable documents related to the public procurement
available for inspection during normal business hours and through Freedom of
Information requests. Potential exemptions from the broad disclosure
requirements are listed in the West Virginia
Code §29B-1-4.

A vendor’s submission of any information to the Purchasing Division
puts the risk of disclosure on the vendor. A vendor may request (as described in
the General Terms and Conditions) that certain information be exempted from
disclosure under West Virginia Code §29B-1-4, but the
Purchasing Division makes no guarantee that such a request will be honored.

Copies of records are available upon written request from the
vendor. A cost of 50 cents per page (minimum of $10) is charged to furnish
copies. An electronic copy of imaged documentation may be obtained for our
normal processing fee of $65. Copy charges must be paid in advance. Copies of
most bids can be obtained from the Purchasing Division website (www.state.wv.us/admin/purchase/bids).

1.8 Ethics: State procurement officers have the responsibility of purchasing
commodities used in the operation of public programs and services in the most
effective and efficient method available. In performing this task, certain
guidelines based on the West Virginia
Code must be followed. Our ethical standards must be of the highest
degree since public funds are being used.

The Purchasing Division abides by theCode of Ethicscreated by the National Institute of
Governmental Purchasing (NIGP), which is found in
Appendix F.

This system is used for
advertising solicitations $5,000 and more and awarding all procurements in
excess of $2,500.

1.10 Violations:The laws that govern the
public purchasing process are strict and demand the highest degree of discretion
and ethical behavior. The West Virginia
Codeaddresses penalties for violating purchasing procedures:

If a spending unit purchases or contracts for commodities or
services contrary to the provisions stated in the Code or the legislative
rule, such purchase or contract shall be void and of no effect. The spending
officer of such spending unit, or any other individual charged with
responsibility for the purchase or contract, shall be personally liable for the
costs of such purchase or contract and, if already paid out of state funds, the
amount may be recovered in the name of the state in an appropriate action
instituted therefore. Provided, that
the state establishes by a preponderance of the evidence that the individual
acted knowingly and willfully.

§5A-3-29: Penalty for violation of article

Any person who violates a provision of the Code, except
where another penalty is prescribed, shall be guilty of a misdemeanor, and, upon
conviction thereof, shall be confined in jail not less than ten days nor more
than one year, or fined not less than $10 nor more than $500, or both, in the
discretion of the court.

§5A-3-30: Obtaining money and property under false pretenses or by
fraud from state; penalties

It shall be unlawful for any person to obtain from the state under
any contract made under the Code, by false pretense, token or
representation, or by delivery of inferior commodities, with intent to defraud,
any money, goods or other property, and upon violation thereof, such person
shall be guilty of a felony, and, upon conviction thereof, shall be confined in
the penitentiary not less than one year nor more than five years, and be fined
not exceeding $10,000.

It shall be unlawful for any person to corruptly act alone or
combine, collude or conspire with one or more persons with respect to the
purchasing or supplying of services, commodities or printing to the state under
the Code if the purpose or effect of such action, combination, collusion
or conspiracy is either to lessen competition among prospective vendors, or
cause the state to pay a higher price than would be or would have been paid in
the absence of such action, combination, collusion or conspiracy, or cause one
prospective vendor or vendors to be preferred over one or more other prospective
vendor or vendors. Any person who violates any provision of this section is
guilty of a felony and, upon conviction thereof, shall be imprisoned in a state
correctional facility not less than one nor more than five years, and be fined
not exceeding $10,000.

§5A-3-32: Power of Director to suspend right to bid; notice of
suspension

The Director shall have the power and authority to suspend, for a
period not to exceed one year, the right and privilege of a vendor to bid on
state purchases when the Director has reason to believe that such vendor has
violated any of the provisions of the purchasing law or rules and regulations.

§5A-3-33: Review of suspension by Cabinet Secretary

Any vendor whose right to bid on state purchases has been suspended
by the Director under the authority of West Virginia Code
§5A-3-32, shall have the right to have the Director’s action reviewed by the
Cabinet Secretary (of the Department of Administration), who shall have the
power and authority to set aside such suspension.

1.10.1 Additional Authority

In accordance with West Virginia Code §5A-3-3, the
Purchasing Director has authority to issue a notice to cease and desist to a
spending unit when the director has credible evidence that a spending unit has
violated competitive bidding or other requirements established by this article
and the rules promulgated hereunder. Failure to abide by such notice may result
in penalties set forth in section seventeen of this article.

The West Virginia Code §5A-1-10(b) additionally outlines that the
secretary of the Department of Administration shall issue a notice to cease and
desist to any spending unit when the secretary has credible evidence that a
spending unit has failed, whenever possible, to purchase commodities and
services on a competitive basis or to use available statewide contracts. Failure
to abide by such notice may result in penalties set forth in 5A-3-17 as noted
above. These provisions fall outside of the Purchasing Division’s authority;
therefore, this provision applies to those agencies exempt from the Purchasing
Division.

1.11 General Prohibitions:
The commodities and services available on state contracts are to be used for
official purposes only and are not available for employees of a spending unit
for their personal use.

Additionally, the use of the State
Purchasing Card shall not to be used as a payment method to circumvent
contracts.